Revolutionary War Pension and Bounty Land Warrant Application File R. 3,503, Isaac Ferguson, New York

SERVICE
NUMBER
New York
Ferguson, Isaac
P. 3,503
CONTENTS

State of New York } County of Dutchess } ss. On this ninth — day of December in the year one thousand eight hundred and thirty three — personally appeared before Robert B. Livingston one of the Judges of the Court of Common Pleas of the County of Dutchess aforesaid — Isaac Ferguson a resident of the Town of Redhook in the County of Dutchess and State of New York aged eighty two — years, who being first duly sworn according to law, doth on his oath, make the following declaration in order to obtain the benefit of the act of Congress passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated. He first entered the service at Fredericktown in the County of Dutchess aforesaid, now Carmel in the County of Putnam, in the month of October in the year 1775, in the militia company to which he belonged, commanded by Captain John Crane, in the Regiment of Colonel Henry Sutterton. The militia were called out for the purpose of assisting at the battle of Whiteplains and this applicant went under the officers aforesaid. They marched as far as Northcastle church where Colonel Sutterton on account of sickness in his family, left them in charge of Comfort Sutterton, and returned home. They then proceeded under command of the said Comfort Sutterton to near Whiteplains where they received intelligence that the battle was over, and then, pursuant to orders, they returned to Northcastle church taking with them the stores and wounded. At this place they remained to guard the stores, three weeks , when they were discharged and this applicant returned home to Fredericktown aforesaid, at which place he resided previous to, and during the Revolutionary war.
21 In the month of December in the year 1775, all the militia in that part of the country where this applicant resided, and he among the rest, were ordered out for the purpose of attempting to take Fort Independence near Kingsbridge. The company met on the 28 th day of December 1775. They were ordered to take twelve days provisions and to march on the 1 st day of January 1777, and on that

day they accordingly met and proceeded under the command of Captain Nathaniel Schribner, in the regiment of Colonel Henry Sutterton aforesaid, to Northcastle Church, where they joined the regiment. Here they remained three or four days and drew ammunition, and then marched on to near White Plains where they joined the brigade of General Scott. From here they marched on to Stephen Ward, fourteen or fifteen miles farther south, where they met the brigade of General Peter Van Broeck. They proceeded thence south through Soukers to Valentine's, near Fort Independence where they encamped. Here they remained a few days, skirmishing with the enemy in the Fort, when the British, receiving a reinforcement, sallied out, apparently with the intention of surrounding them. Upon this, they moved on to Valentine's Hill and drove the enemy back to the Fort. On this Hill they remained encamped a short time, and then the brigade returned to White Plains and were stationed there for some time. They then marched up to Northcastle Church, where they arrived about the 1 st of March 1777, and here they remained until April 1 st 1777, when they were discharged and returned home, this applicant having been engaged in this tour of service three months .
In the year 1777, and as he thinks, in the month of April he was called out on an alarm, and went under Captain Comfort Sutterton to Ridgfield in Connecticut. Here they met a party of the British returning from the burning of stores at Danbury. They attacked them and pursued them to their shipping and then returned to Ridgfield and remained there sometime for the purpose of guarding. In this service he was engaged, at least three weeks , when he was discharged and returned home.
In the month of January in the year 1778 he was called out under the orders of General Washington and was engaged in foraging, under the command of John Doy, acting as captain, in Fredericetown aforesaid and in the vicinity, six weeks , when he was discharged and returned home. He received a written discharge from this service, which is lost.

In the year 1778 and as near as he can recollect in the spring, he was called out to go with a flag of truce to Valentines, near Kingsbridge, and went accordingly, under command of Captain John Berry. In this service he was engaged at least one week , when he was discharged and returned home.
In the fall of the year 1778 he was again called out and went with a flag of truce, under command of Captain Nathaniel Scribner to the place last abovenmentioned, and was engaged in this service at least one week , when he was discharged and returned home.
In the forepart of the month of November in the year 1778, as near as he can recollect, he was called out and went under Captain John Crane in pursuit of disaffected persons who were on their way to join the enemy. They succeeded in taking seventeen of them in the Highlands and brought them before the Committee of Safety. He was engaged in this service, in arresting and guarding the prisoners, and conveying them to prison after trial, at least three weeks , when he was discharged and returned home.
In the month of June in the year 1779 he was called out and went with a flag of truce, under Captain Comfort Suttenton to the City of New York, and was engaged in this service at least two weeks , when he was discharged and returned home.
In addition to the several services above set forth this applicant was very frequently called out and went on alarms in the militia company to which he belonged, commanded by Captain John Crane, in the years 1777, 1778, 1779 and 1780, to different places, mostly along the Hudson River, and was kept in service sometimes two or three days, sometimes a week and sometimes ten days, and was thus engaged in actual service, at least three months , during which he was not engaged in any civil occupation or pursuit.
This applicant was born in Fredericktown in the County of Dutchess and State of New York, now Carmel in the County of Putnam, on the second day of February in the year 1758. He has no record of his age. He was living in Fredericktown aforesaid.

when called into service. He lived in the same place since the revolutionary war, until in April 1806, when he removed to the Town of Redhook in the County of Dutchess aforesaid where he has lived ever since, and where he now lives. The names of some of the regular officers who were with the troops where he served are Colonel Henry Sutherland, Captain John Crane, Captain Nathaniel Schribner, General Peter Van Brunt, General Scott, Captain Comfort Sutherland.
He never received but one written discharge which was at the expiration of the six weeks service above mentioned and which is lost. He has no documentary testimony of his services, and knows of no surviving witness whose testimony he can procure. He believes that one person, Benjamin Carpenter, who knows of part of his services is still alive, but where he resides, this applicant does not know. The following persons to whom he is known in his present neighborhood can testify to his character for veracity and their belief of his services as a soldier of the revolution. Philip N. Boussteel, Henry Staats, Jacob C. Elmendorf, Matthias Rowe, Frederick Baringer, Philip Pitcher, John W. Pitcher, Nathan Beckwith. There is no clergyman residing near this applicant. The one whose church he formerly attended and with whom he was well acquainted has left the United States. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State.
Sworn to and subscribed the day & year aforesaid
his Isaac Ferguson mark
Robert Livingston
We Henry Staats residing in the town of Redhook in the County of Dutchess and State of New York, and Peter Lewis ———— residing in the same place

hereby certify, that we are well acquainted with Isaac Ferguson, who has subscribed and sworn to the above declaration. that we believe him to be eighty two years of age. that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Sworn & subscribed the day & year aforesaid }
ROBT. S. LIVINGSTON
Henry Staats
Peter Lewis
And I, the said Robert S. Livingston, do hereby declare my opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary soldier, and served as he states. And I further certify that Henry Staats & Peter Lewis who have signed the preceding certificate, are both residents in the Town of Redhook, in the County of Dutchess aforesaid, and are credible persons, and that their statement is entitled to credit. And I further certify that it appears to me, that there is no clergyman residing in the vicinity of the applicant. And I do further certify that the said applicant cannot appear in a court of record of the aforesaid County, by reason of bodily infirmity.
ROBT. S. LIVINGSTON
I Henry J. Braver, Clerk of the Court of Common Pleas of the County of Dutchess, do hereby certify that the foregoing contains the original proceedings before Robert S. Livingston Esquire in the matter of the application of Isaac Ferguson for a pension. And I do further certify that the said Robert S.

Livingston
Heavily scribbled text with illegible cursive handwriting and large loops.

N. York Isaac Ferguson Cit. to J. Rowley 31. Aug. 1840
3503
Set June 1832

Acts of July 14, 1862, and March 3, 1873.
REJECTED
35003
P. O.
Isaac Ferguson
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

STATE OF NEW-YORK, County of Dutchess,
ss. I, HENRY J. TRAPER, Clerk of
the County of Dutchess, DO HEREBY CERTIFY, That Robert L. Livingston Esquire before whom the annexed Declaration and Certificate were sworn, and whose name is subscribed to the same, was at the time of taking the same, a Judge of the Court of Common Pleas (being a Court of Record, and having a Clerk and Seal) _____ in and for the County aforesaid, dwelling in the said County, duly commissioned and qualified _____
And Further, That I am well acquainted with the handwriting of the said Judge and verily believe that the signature to the said Declaration and Certificate are genuine
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said county, the Thirty first day of December A. D. 1833
Henry J. Traper
And I further certify that all of the above is true and correct in all its particulars.

State of New York Dutchess County ss }
John J. Smith, being duly sworn doth depose and say that he is eighty two years old and is a revolutionary pensioner of the United States, and that he resides in the Town of Catskill in the County of Greene and State of New York - And this deponent further says that he was well acquainted with Isaac Ferguson late of the Town of Red Hook in the County of Dutchess, that the place of residence of this deponent during the revolutionary war was about eight miles distant from that of the said Isaac Ferguson - that deponent knew the said Isaac Ferguson from his childhood, and that he knows of some of the services of the said Ferguson in behalf of the United States during the revolutionary war - And this deponent further says that he has this day heard the annexed declaration of the said Isaac Ferguson read - that he this deponent knows that the said Ferguson did perform the service first stated by him in his said declaration, of three weeks - he further knows that said Ferguson did perform the service secondly stated by him in said declaration, of three months , and that the facts and circumstances set forth in said declaration in regard to the said tour of service are according to deponents recollection substantially correct - that the said tour of service commenced on new years day January 1 st 1777 and ended by a discharge at Northcastle Church April 1 st 1777, and that the said service was under the officers mentioned

in the said declaration - And this deponent also knows that the said Ferguson did perform the service of three weeks at the time of the burning stores at Danbury as thirdly stated in said declaration - This deponent also knows that said Ferguson was engaged in the service of foraging under command of John Doty, but how long deponent does not know, and that he was also engaged as deponent understood, in the pursuit of disaffected persons, how long deponent does not know - And this deponent further says that he knows of other services than those above mentioned, performed by the said Ferguson in behalf of the United States during the Revolutionary war at different times, but at what particular periods, this deponent cannot specify - And deponent says that he knows the said Isaac Ferguson was engaged in the service of the United States during the Revolutionary war for at least nine months in all, during which he was not engaged in any civil pursuit or occupation, but was in service under proper military authority -
Subscribed & sworn before me June 25 th 1840 and I certify that the said John J. Smith is, as I believe, a credible person and his statement entitled to credit - & that he is unable to write his name.
his John J. Smith mark
Mo. Dowley Justice of the Peace

STATE OF NEW-YORK,
County of Duchess,
ss.
I, DANIEL W. BRADLE, Clerk of the county of Duchess,
Do hereby Certify, That
John Rowley Esq
whose name is subscribed to the annexed and foregoing Certificate of an affidavit or deposition of John J. Smith, was on the day of the date thereof a Justice of the Peace in and for the County aforesaid, dwelling in the said County, in the Town of Red Hook, duly
elected and sworn
AND FURTHER, That I am well acquainted with the hand writing of the said Justice and verily believe that the signature to the said Certificate of a deposition — genuine.
In Testimony Whereof, I have hereunto set my Hand, and affixed the Seal of the said County, the 11 th day of August A. D. 18 40
Daniel W. Bradle Clerk

War Department
Pension Office
May 20. 1834
Sir,
Your papers have been examined. You state in your declaration that you served three months at and near White Plains in the Winter of 1776-7, and three months made of various short tours not specified. There is no evidence in the Department of any such tour of service in the militia as that described at White Plains, and no claim for it can be allowed, unless supported by proof. The other three months, made up of various tours, must be specified in the manner pointed out under note 2. of the printed sheet herewith accompanying the papers.
I am respectfully
Your Obet. Servt.
J. L. Edwards
Mr. Simon Herrmann Red Hook N. York
(intended for Isaac Ferguson) { E. Herrmann made no such claim }

Aug 27. 1840.
With Care
Isaac Ferguson
abt 1832.
J. L. Edwards Esq
Commissioner of Pensions
Washington City
D. C.

Upper Fredfoot Aug. 22 d 1846
Sir
The enclosed declaration &c. in the case of Isaac Ferguson was returned to me as you will perceive, a long time since for additional proof - I have been unable until lately to discover that any witness survived in this part of the country, but at length have accidentally found one, and I now transmit the papers with evidence which I trust you will find satisfactory -
You will please address communications on the subject to me -
Very respectfully
Your obt. servt
J. H. Rowley
J. S. Edwards Esq

29585
Isaac Ferguson Red Hook New York

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjunct notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of I Angusm
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity  shall make their declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every declarant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the time, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape, or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity  shall make their declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the time, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.